Certified
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TAW-64216  /  Volvo Penta Marine Products LLC (Lexington, TN)

Petitioner Type: Workers
Impact Date: 10/09/2007
Filed Date: 10/14/2008
Most Recent Update: 10/27/2008
Determination Date: 10/27/2008
Expiration Date: 10/27/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,216

VOLVO PENTA MARINE PRODUCTS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
DYER'S EMPLOYMENT AGENCY, INC.
LEXINGTON, TENNESSEE

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on October 14, 2008, in
response to a petition filed on behalf of workers at Volvo Penta
Marine Products, LLC, Lexington, Tennessee. The workers produce
gas engines and stern drive transmissions.
The worker group includes on-site leased workers from Dyer's
Employment Agency, Inc.
This investigation revealed that sales and employment declined
at the subject firm during the relevant period of January through
September 2008 as compared to the corresponding 2007 period.
The investigation further revealed that the subject firm
increased reliance on imports of gas engines and stern drive
transmissions during the period of the investigation.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.







Conclusion
After careful review of the facts obtained in the
investigation, I determine that an increase in imports of articles
like or directly competitive with gas engines and stern drive
transmissions produced at Volvo Penta Marine Products, LLC,
including on-site leased workers of Dyer's Employment Agency, Inc.,
Lexington, Tennessee, contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Volvo Penta Marine Products LLC, including on-
site leased workers from Dyer's Employment Agency, Inc.,
Lexington, Tennessee, who became totally or partially
separated from employment on or after October 9, 2007, through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974 and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C., this 27th day of October, 2008.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance